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New York Small Claims Questions & Answers
1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang
answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

Michael David Siegel
Michael David Siegel
answered on Jul 2, 2021

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Small Claims for New York on
Q: Can a doctors office charge you for bad debt fee?

So went to the Doc office and got a check up. I thought my insurance would cover it but they didn't. A couple of months go by, and I get served some paper work from the attorney general office about the bill. I didn't even know that they had 3 other court cases about this one bill, but I... View More

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2021

Check your records to see if you were given a release when you settled the $2,000 bill in full. If you were given a release, review its terms to identify who the releasors were (the medical providers - the doctor, the hospital, the lab, etc.). If you were not released from your obligations on the... View More

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... View More

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1 Answer | Asked in Small Claims for New York on
Q: Is it possible to sue a phone case manufacturer if the very case made to protect it contributed to the damage itself?

The case claims to protect from shock, claims to absorb shock, claims that it was tested with drops of 6.5 feet up and claims it has raised edges to protect the screen. Well that very piece of the edge cracked the case when it fell out of my hand from a 3 feet drop to it's side. The crack... View More

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2020

It could be, but gathering expert testimony or other technical evidence could possibly be a significant factor to establish such a case if your facts are not accepted at face value. You could speak with attorneys and research the cost of gathering evidence. Good luck

Tim Akpinar

2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... View More

Benjamin Z. Katz
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answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Family promised to continue 1/2 rate for childcare until return to work, still owe 1650.00 arrears won’t pay me..

I’ve been with family 2 yrs in March they decide that to keep me and not loose me they will pay me 220.00 per week until they go back to work ... they are now 1650.00 in arrears and since going back to work an additional 330.00...from 6 weeks ago ... I need the money owed how do I get it???

Michael David Siegel
Michael David Siegel
answered on Sep 15, 2020

Call the New York state Department of Labor and file a claim.

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... View More

Michael David Siegel
Michael David Siegel
answered on Sep 11, 2020

What is the question? What do you want to accomplish?

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... View More

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1 Answer | Asked in Small Claims, Civil Litigation, Domestic Violence and Landlord - Tenant for New York on
Q: My sister & I own a house and her live in boyfriend punches holes in the walls out of anger. Can I press charges?

I called the police to report domestic dispute, but she refused to file a report. I didn’t know about the holes at the time. Can I call the police back, and press destruction of property charges?

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

If the boyfriend is damaging your property, there is nothing keeping you from calling to report a crime. Law enforcement will decide whether they'll arrest, cite, or charge the individual in question.

1 Answer | Asked in Small Claims for New York on
Q: What is best way to reverse a small claims default judgement? (Jurisdictional issue)

2 mos before lawsuit filed I moved to another state 700 mi. away. Proof is lease/other official docs mailed to new address, dated before lawsuit. Per NY Small Claims Law the court has no jurisdiction on non residents. Pre hearing I called clerk to advise him I'd send formal letter seeking... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

First, the clerk shouldn't be giving legal advice. You might have an attorney respond for the limited purpose of arguing lack of personal jurisdiction.

1 Answer | Asked in Car Accidents and Small Claims for New York on
Q: Which party do I sue in New York City small claims court ?

My vehicle was involved in a hit and run while parked legally. I was able to track down the vehicle that damaged my vehicle on video camera and I have a witness that seen the vehicle as well and it is stated in the police report. I filed a insurance claim with the vehicle registered owner and it... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

Car insurance is on the car, not the driver in New York. The insurance company may be saying that the car wasn't insured under them on the date of the accident. Make sure there wasn't another insurance company that covered the car at the time. You should sue the vehicle owner, the named... View More

1 Answer | Asked in Small Claims for New York on
Q: Can an HOA tow a guest's car due to street work if no signs were posted , only a prior mailed notice ?
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2020

If it's a private street inside the property, depending on their regulations, they might be able to. But a for public street where non-residents also have rights to park, some form of signage would generally be used. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... View More

Jonathan David Warner
Jonathan David Warner
answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never... View More

Michael David Siegel
Michael David Siegel
answered on Jun 20, 2020

Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John B. Hudak
John B. Hudak
answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
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2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... View More

Michael David Siegel
Michael David Siegel
answered on May 27, 2020

Just go to court and get a judgment and collect it.

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2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... View More

Michael David Siegel
Michael David Siegel
answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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3 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... View More

Michael David Siegel
Michael David Siegel
answered on Apr 7, 2020

What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... View More

Michael David Siegel
Michael David Siegel
answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

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